BHAILAL SHAW Vs. GOBINDARAM NAGAR & ORS.

JUDGEMENT

(1.) These two appeals are directed against the Order No.97 dated 28.2.84 passed by Shri G. Banerjee, Subordinate Judge, second Court, Allpore in Misc. Case Nos.4 and 5 of 1982 tried analogously.

(2.) One Govindaram Nagar got a decree of Rs. 53,033.41 P. with interest in Suit No. 266 of 1977 in the Original Side of the High Court at Calcutta on 25.7.78 and the said decree was transferred to the second Court of Subordinate Judge at Alipore with a certificate of non -satisfaction and the said decree was put into execution in that Court and Money Execution Case No. 2 of 1980 was started against the judgment -debtor, Kishan Lal Shaw @ S. K. Lal Shaw.

(3.) Similarly, one Shyamsundar Sen got a decree of Rs.52,707.05p. with interest in Suit No. 267 of 1977 in the Original Side of the High Court at Calcutta and the said decree was transferred to the second Court of Subordinate Judge at Alipore with a certificate of non -satisfaction and Money Execution Case No.3 of 1980 was started when the said decree was put into execution against the same Kishan Lal Shaw @ S.K. Lal Shaw. In both the execution cases the writ of attachment of the property of the judgment -debtor was issued on 16.5.80 in terms of the Order No.3 dated 13.5.80 and it was duly served on 6.6.80. On 30.7.80 in both the execution cases, the decree -holder intimated that there is a mortgage -in respect of the attached property in favour of the United Bank of India for Rs.35,000/ -and hence a prayer was made for sale of the attached property subject to the mortgage for Rs.35,000/ - in favour of the United Bank of India. Notice was issued to the United Bank of India which filed a written objection on 28.11.80 and prayed for inclusion of the claim of the bank appropriately in the sale proclamation and by Order No.22 dated 9.3.81, the execution petition was amended suitably incorporating the claim of the United Bank of India.